Resolution No. 13826
RESOLUTION NO. 1382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CON-
STRUCTION OF A PORTION OF CERTAIN STORM DRAIN IMPROVE-
MENTS, APPURTENANCES AND APPURTENANT WORK: TO FORM
ASSESSMENT DISTRICT NO. 7403-20 IN THE CITY OF CYPRESS;
DECLARING THE WORK AND IMPROVEMENT TO BE MORE THAN
LOCAL OR ORDINARY PUBLIC BENEFIT; DESCRIBING THE
DISTRICT TO BE BENEFITED BY SAID WORK AND IMPROVEMENT
AND TO PAY THE COSTS AND EXPENSES THEREOF; AND ORDERING
A WRITTEN REPORT.
Assessment District No. 7403-20
(Walnut Street - Jonathan Channel)
WHEREAS, the Orange County Flood Control District has proposed the const-
ruction of a reinforced concrete open storm drain channel and appurtenant work
in and on certain real property in the City of Cypress and has offered to
construct a reinforced concrete box storm drain structure in lieu of the above
if the additional cost and expense thereof will be repaid to said Orange County
Flood Control District; and
WHEREAS, the City Council of the City of Cypress, Orange County, California,
proposes to take proceedings pursuant to the provisions of the "Municipal Improve-
ment Act of 1913", being Division 12 of the Streets and Highways Code of the
State of California (herein referred to as the "Act"), for the construction
of a portion of certain storm drain improvements and appurtenances and all
appurtenant work in connection therewith (herein referred to as the "improve-
ments"); and
WHEREAS, all of the owners of more than sixty percent (60%) in area of the
property subject to assessment for said proposed construction have signed and
filed with the City Clerk a written petition for said construction and a waiver
of the proceedings under the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931; and
WHEREAS, it appears to this City Council that an assessment district should
be formed to finance the installation of said improvements under the provisions
of the Act; and
WHEREAS, the proposed boundaries of such assessment district are shown on
a map thereof which indicates by a boundary line the extent of the territory
proposed to be included in such assessment district, which map is designated
"Proposed Boundary of Assessment District No. 7403-20, Walnut Street - Jonathan
Channel" (herein referred to as "Map"), has been presented to this City Council
for approval and which Map is on file in the office of the City Clerk of said
City; and
WHEREAS, the City Engineer of the City is competent to make and file with
the City Council of said City the report with regard to the improvements which
is required by the 1913 Act to be made and filed; and
WHEREAS, under the Act, before ordering the improvements, the City Council
of said City is required to adopt a resolution declaring its intention to do so.
NOW, THEREFORE, the City Council of the City of Cypress DOES HEREBY RESOLVE,
DETERMINE AND ORDER as follows:
SECTION 1. This City Council hereby finds and declares that the public
interest and necessity requires the installation of certain improvements in
the public streets, property and easements as hereinafter described, and this
City Council hereby declares its intention to order said improvements and to
form an assessment district covering the real property benefited by said
improvements.
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SECTION 2. The number of the proposed assessment district shall be "No. 7403-20"
and such district shall be designated "Assessment District No. 7403-20, Walnut Street -
Jonathan Channel".
SECTION 3. The Map is hereby declared to describe the proposed boundaries of
Assessment District No. 7403-20, Walnut Street - Jonathan Channel, which Map indicates
by a boundary line the extent of the territory included in said proposed assessment
district and shall govern for all details as to the extent of said assessment district.
SECTION 4. The City Clerk of said City is hereby directed to endorse his certi-
ficate on the original of the Map evidencing the date and adoption of this resolution,
and to file said Map in his office, and forthwith to file a copy of said Map so en-
dorsed with the County Recorder of the County of Orange, California.
SECTION 5. The improvements which the City Council intends to order are the
construction of improvements in certain public streets, property and easements as
follows:
The construction of a portion of covered storm drain improvements,
appurtenances and appurtenant work in and on that certain real
property owned by said City and described as follows:
Lot A of Tract 6657 as recorded in Book 275, pages 36 through 39
inclusive of Miscellaneous Maps of Orange County, California.
Lot A of Tract 6705 as recorded in Book 272, pages 28 through 31
inclusive of Miscellaneous Maps of Orange County, California.
Excepting that portion of Lot A Tract 6705 described as follows:
Beginning at the southwest corner of Lot 26 of said Tract 6705
and a point on the easterly right of way line of Holder Street,
thence along said easterly right of way line of Holder Street
South 00 30' 32" West 12.78 feet to a point on the southerly
boundary of said tract; thence along southerly boundary South
70° 25' 38" East 95.65 feet to a point on the northerly right
of way line of the Southern Pacific Railroad and Southerly
boundary, thence along said northerly right of way line South
84° 03' 40" East 9.81 feet to a point in the Southerly pro-
longation of the East boundary of Lot 26, thence along said
Southerly prolongation North 18° 42' 15" East 12.65 feet to the
Southeast corner of Lot 26, thence along Southerly boundary of
Lot 26 North 84° 03' 40" West 12.37 feet thence continuing along
Southerly boundary of Lot 26 North 70° 25' 38" West 98.60 feet
to the Point of Beginning.
The details for the construction of all the above described work are shown
in the plans on file in the office of the City Clerk of the City of Cypress.
SECTION 6. Prior to ordering the work described herein, it is the intention
of this City Council to enter into an agreement with the Orange County Flood Control
District. Pursuant thereto, the City of Cypress will premise to reimburse said
District for the incremental cost and expense incurred by the District in constructing
a covered reinforced concrete box storm drain structure in lieu of an open channel.
Also pursuant thereto, said District will promise to advertise for competitive bids,
award a contract for, supervise the construction of, and accept the work described
herein. The improvements which are described herein, and for which the property
within Assessment District No, 7403-20 is proposed to be assessed, will be owned,
managed and/or controlled by the Orange County Flood Control District.
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SECTION 7. An assessment will be levied pursuant to said Act upon all property
in said Assessment District No. 7403-20, Walnut Street - Jonathan Channel, subject
to assessments under said Act to pay the balance of the costs and expenses of the
improvements.
SECTION 8, Serial bonds, bearing interest at a rate not to exceed seven percent
(7%) per annum, shall be issued to represent each assessment of Fifty Dollars
($50,00) or more remaining unpaid at the expiration of the last date fixed for payment
of assessment in the notice to property owners mailed pursuant to the provisions of
the Municipal Improvement Act of 1913n Said bonds shall be issued under and as
provided in the Improvement Act of 1911, Division 7 of the Streets and Highways
Code of the State of California, Said serial bonds shall extend over a period ending
nine (9) years from the 2nd day of January next succeeding the next September 1st
following their dater Payments on the principal of unpaid assessments and interest
thereon shall be made by property owners to the Treasurer of the City of Cypress and
the same shall be distributed by said City Treasurer, all as provided in the Improve-
ment Act of 1911, Said bonds shall provide that redemption may be made by payment
of the amount then unpaid on the principal sum thereof, with interest thereon calcu-
lated up to the date of the next maturity interest coupon, and all penalties accrued
and unpaid, together with a premium of five percent (5%) of said unmatured principal.
The City Council elects to have the Treasurer retain the first one percent (1%)
penalty for any delinquency as a cost of servicing the delinquency as provided in
Section 6442 of the Streets and Highways Code,
SECTION 9. Any surplus remaining in the improvement fund after the completion
of said improvements shall be used as a credit upon the assessment and any supple-
mental assessment in the manner provided in the Act,
SECTION 10. The improvements are hereby referred to the City Engineer of the
City, also designated the Engineer of Work, who is hereby requested and directed to
make and file with the City Clerk of said City a report in writing with regard to
the improvements, which report shall meet the requirements of Section 10204 of
the Act, and shall contain the following:
(a) Plans and Specifications for the improvements not already installed;
(b) A general description of work or appliances already installed and any
other property necessary or convenient for the operation of the improvements,
if the works, appliances, or property are to be acquired as part of the improve-
ment;
(c) An estimate of the cost of the improvements, and the cost of land,
rights of way, easements, and incidental expenses in connection with the improve-
ments;
(d) A diagram showing the assessment district, and the boundaries and
dimensions of the subdivisions of land within the assessment district as they
existed at the time of passage of this resolution. Each subdivision shall be
given a separate number of the diagram; and
(e) A proposed assessment of the total amount of the cost and expenses
of the improvements upon the several subdivisions of land in the assessment
district in direct proportion to the estimated benefits to be received by such
subdivisions, respectively, from the improvements. The assessment shall refer
to the subdivisions by their respective numbers assigned as provided in (d) above.
SECTION 11. Pursuant to the provisions and the authority granted by the Act,
the City Council of said City does hereby determine and declare that, in the opinion
of this City Council the public interest will not be served by allowing the property
owners to take any contract to be let under this proceeding and the property owners
will not be allowed or permitted to take such contract.
SECTION 12, All public property within Assessment District No, 7403-20, Walnut
Street - Jonathan Channel, shall be assessed to cover the costs and expenses of the
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improvements, EXCEPTING from the area described and delineated upon said Map herein-
before referred to, the area of all public streets, public avenues, public lanes,
public roads, public drives, public courts, public alleys, all property, easements
and rights of way therein contained belonging to the public.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 23rd day of July, 1973,
MAYOR 0 /THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF E CITY OF'CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Resolution was adopted at a regular meeting of said City Council held
on the 23rd day of July, 1973, by the following vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberts
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY CLERK OF THE CITY OF CYPRESS
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